The sex = marriage arguments from Deuteronomy 22 and Exodus 22 don’t work logically.
First here are the passages.
Deuteronomy 22:23 If a man happens to meet in a town a virgin pledged to be married and he sleeps with her, 24 you shall take both of them to the gate of that town and stone them to death—the young woman because she was in a town and did not scream for help, and the man because he violated another man’s wife. You must purge the evil from among you.
25 But if out in the country a man happens to meet a young woman pledged to be married and rapes (châzaq) her, only the man who has done this shall die. 26 Do nothing to the woman; she has committed no sin deserving death. This case is like that of someone who attacks and murders a neighbor, 27 for the man found the young woman out in the country, and though the betrothed woman screamed, there was no one to rescue her.
28 If a man happens to meet a virgin who is not pledged to be married and rapes (tâphaś) her and they are discovered, 29 he shall pay her father fifty shekels of silver. He must marry the young woman, for he has violated her. He can never divorce her as long as he lives.
Exodus 22:16 “If a man seduces (pathah) a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. 17 If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins.
Here are the Strong’s lexical definitions of the words.
Chazaq – A primitive root; to fasten upon; hence to seize, be strong (figuratively courageous, causatively strengthen, cure, help, repair, fortify), obstinate; to bind, restrain, conquer: – aid, amend, X calker, catch, cleave, confirm, be constant, constrain, continue, be of good (take) courage (-ous, -ly), encourage (self), be established, fasten, force, fortify, make hard, harden, help, (lay) hold (fast), lean, maintain, play the man, mend, become (wax) mighty, prevail, be recovered, repair, retain, seize, be (wax) sore, strengten (self), be stout, be (make, shew, wax) strong (-er), be sure, take (hold), be urgent, behave self valiantly, withstand.
The lexical uses of the word include Angels dragging Lot, his wife and daughters out of Sodom and Gomorrah, Pharaoh hardening his heart, applied strength of force like Samson, etc.
Taphas – A primitive root; to manipulate, that is, seize; chiefly to capture, wield; specifically to overlay; figuratively to use unwarrantably: – catch, handle, (lay, take) hold (on, over), stop, X surely, surprise, take.
The lexical uses of the word include Potiphar’s wife grabbing Joseph by the cloak, Israel seizing villages, Saul’s robe, a sinner ‘taphas’ by an adulterous woman, etc.
Pathah – A primitive root; to open, that is, be (causatively make) roomy; usually figuratively (in a mental or moral sense) to be (causatively make) simple or (in a sinister way) delude: – allure, deceive, enlarge, entice, flatter, persuade, silly (one).
The lexical uses of the word include God saying that the Israelites should not be deceived by other gods, the Philistines telling Delilah to entice/deceive Samson, and other uses in Job, Psalms and Proverbs about deceiving others into sin.
It is generally clear that there is some variance in semantic range for all of these different words. In the context of these particular passages, the most likely definitions of these words would be as follows.
- Chazaq = Rape. Man seizes betrothed in a field and no one can hear her scream
- Taphas = Force but Consent. Joseph if he consent to Potiphar’s wife taphas or becoming a sinner with an adulterous woman’s taphas.
- Pathah = Deceived such that Consent is Compromised.
Expounding on my arguments in the comment section of this post is here.
First is the argument against virgin agency
Artisanal Toad addressed this situation in terms of agency, i.e. virgins have no agency, and she is under her father’s authority.
Also, if someone is not in a coherent state of mind to make decisions, then those decisions are made by others, i.e. her father. But in the case of seduction/rape, Chad pulls the shots. Either way, it indicates that she lacks agentic capacity.
This is a good case of why black and white thinking on womens’ agency is very easily misinterpreted. Let’s look at the passages briefly.
Numbers 30:3 “When a young woman still living in her father’s household makes a vow to the Lord or obligates herself by a pledge 4 and her father hears about her vow or pledge but says nothing to her, then all her vows and every pledge by which she obligated herself will stand. 5 But if her father forbids her when he hears about it, none of her vows or the pledges by which she obligated herself will stand; the Lord will release her because her father has forbidden her.
6 “If she marries after she makes a vow or after her lips utter a rash promise by which she obligates herself 7 and her husband hears about it but says nothing to her, then her vows or the pledges by which she obligated herself will stand. 8 But if her husband forbids her when he hears about it, he nullifies the vow that obligates her or the rash promise by which she obligates herself, and the Lord will release her.
If wives and daughters had no agency, then the Bible would say that a wife or daughter cannot make vows or pledges in Numbers 30. Those who have no agency cannot make decisions for themselves. Rather, we see in Numbers 30 that wives and daughters can make vows and pledges (e.g. they have agency), just that the father has an overruling authority if thinks they’re foolish.
The same is true with the seduced woman as the father thinks she was being deceived or foolish with the man who she had sex with so he can nullify what happened. The virgin woman in this case exercised some degree of agency in deciding to have sex with this man, but if the father decides that her judgment was impaired enough he can nullify it. Likewise, the Church is under the authority of Jesus, but that doesn’t mean the Church has no agency.
This error about no agency is very similar to the one that the complementarians make with husbands and wives. If a wife does not want to have sex with her husband, they blame the husband for not being more loving because if supposedly he’s more loving then she will submit and have sex with him. This is implying that the wife is a robot with no agency to choose to do the right thing.
Main point 1 – One being underneath authority does not preclude partial or full agency. Only that the one underneath the authority has some protection if they make an error in judgment.
Second the wording of the passages implies that there is a level of consent with taphas
Deutertonomy 22:25 But if out in the country a man happens to meet a young woman pledged to be married and rapes (châzaq) her, only the man who has done this shall die. 26 Do nothing to the woman; she has committed no sin deserving death. This case is like that of someone who attacks and murders a neighbor, 27 for the man found the young woman out in the country, and though the betrothed woman screamed, there was no one to rescue her.
28 If a man happens to meet a virgin who is not pledged to be married and rapes (tâphaś) her and they are discovered, 29 he shall pay her father fifty shekels of silver. He must marry the young woman, for he has violated her. He can never divorce her as long as he lives.
If we look closely at the bolded parts of the passages we see a couple things emerge.
- The betrothed woman that was chazaq‘ed in the country was not guilty because she screamed and there was no one to rescue her.
- The virgin woman that was taphas‘ed anywhere did not scream but was discovered.
- The lexicon for discovered are translations such as when no helper was found for Adam in the garden, the dove Noah sent out found no dry ground, etc.
The former with the betrothed that was chazaq’ed clearly show that the rape is something that is unwanted contrasted to the betrothed in the city where if she didn’t scream then it was wanted and she was guilty.
On the other hand, the virgin woman that was taphas’ed did not scream but they were discovered. This directly shows some level of both agency and consent. However, we can distinguish from Exodus 22 that she was not seduced.
Main point 2 – There is some level of consent with taphas as the virgin woman did not scream which makes it not rape (chazaq)
Third is the argument that the Law is advocating for sex = marriage
Punishments in the Law are not to be used to consider what is the marriage ideal. But don’t listen to me, listen to Paul on how the Law helps us identify sin.
Romans 7:7 What shall we say, then? Is the law sinful? Certainly not! Nevertheless, I would not have known what sin was had it not been for the law. For I would not have known what coveting really was if the law had not said, “You shall not covet.” 8 But sin, seizing the opportunity afforded by the commandment, produced in me every kind of coveting. For apart from the law, sin was dead. 9 Once I was alive apart from the law; but when the commandment came, sin sprang to life and I died. 10 I found that the very commandment that was intended to bring life actually brought death. 11 For sin, seizing the opportunity afforded by the commandment, deceived me, and through the commandment put me to death. 12 So then, the law is holy, and the commandment is holy, righteous and good.
In general, for these specific cases aside from identifying sin, the Law is trying to confer some punishment for the offender but an equitable solution for the victim.
- In the case of the woman seduced, the father can make a ruling because she was not in her right mind but the offender must still pay the bride price. The Equitable solution is that the father can nullify what happened and punishment that the offender must pay the bride price regardless and be forced to marry her if the father assents.
- In the case of the taphas it seems likely that like Potiphar’s wife grabbed hold (taphas) of Joseph but the woman was in her right mind to assent like if Joseph assented but the genders were flipped. God upholds the virgin woman’s limited agency in this case much like we uphold shotgun marriages to prevent the shame of the woman (equitable solution), but the offender is punished by being forced to not only pay the bride price but never being able to divorce her.
Main point 3 – Pathah is seduction impaired consent while taphas has some level of consent with it based on the semantic range of the word usage
Fourth is understanding that the difference between chazaq and taphas and pathah matters
The sex = marriage contention involves the following assumptions. Let’s follow the logic.
- If you assume that sex = marriage then you must eliminate any potential consent from taphas because otherwise there has to be a passage included in Deuteronomy 22 that the father could nullify it like with pathah in Exodus 22. It’s clear from the Deuteronomy virgin passage there is no such instance.
- This then forces taphas to be the semantic equivalent of chazaq which we can logically conclude that both mean to rape. Chazaq clearly means to rape — the betrothed woman won’t be punished in the country because no one could hear her scream.
- Then by the same argument virgin woman is now automatically married her rapist because sex = marriage. In other words, this woman is getting raped and forced into a marriage at the same time.
This leads to the following word definitions.
- Chazaq = Taphas = Rape = Marriage
- Pathah = Consent but father can nullify. Doesn’t matter if the consent is seduced or deceived or not.
You can see how this line of argument is logically fallacious as they’re forcing the terms together. Fortunately, the Bible does provide evidence that chazaq is not taphas and the semantic ranges of these words differ.
- Chazaq = Rape. Man seizes betrothed in a field and no one can hear her scream only he is guilty
- Taphas = Force but Consent. Joseph if he consents to Potiphar’s wife taphas in reverse or becoming a sinner with an adulterous woman’s taphas. The virgin woman does not scream but they are discovered.
- Pathah = Deceived such that Consent is Compromised. Father can annul the situation.
A good interpretation of the passage must account for why the terms are different
Main point 4 – The difference between chazaq and taphas must mean there there is some choice along with the screaming versus discovery textual clues.
Based upon these logical arguments, it is clear to me that the Bible does distinguish between rape, some force but consent, and seducing or deceiving a woman into sex. The sex = marriage position tries to redefine the words so that chazaq = taphas = rape = marriage and ignores the direct contextual clues like screaming versus discovery. It also tries to throw away female agency under the guise of being under authority when that’s not what the Bible shows.
Indeed, based on the past couple posts in regard to dominance triggering a woman’s sexual arousal, you can how in real life some show of force + consent could result in a situation where God deems that a “shotgun marriage” should occur without the father’s consent in terms of both the punishment to the man and equitable solution for the woman. If a woman is seduced or deceived, the father can annul the compromised consent. In both cases the women have some degree of agency albeit the Law proposes different solutions and punishments if there was compromised consent or non-compromised consent.
Only comments arguing the points are allowed. Any other miscellaneous nonsense is not tolerated.